On Wed, May 21, 2008 at 12:18 AM, Raj Mathur <[EMAIL PROTECTED]> wrote:
> On Monday 19 May 2008, Sudev Barar wrote:
>> [snip]
>> I did not buy a product from M$ nor I paid for it (the manufacturer
>> may have done) so there is no contract between me and M$?
>> [more snip]
>
> Point of order here:
>
> A licence is not a contract.
>
> A licence is a unilateral grant of privileges by the author of the
> software (MS in this case) to the user (you).  Without the licence you
> do not have ANY rights on the software at all.
>
> A contract is a bilateral agreement between two parties, typically for
> some form of renumeration.
>
> Technically, unless you accept MS' licence terms, you do not have any
> rights to the software at all.  On the other hand, since you do not
> agree to their terms, you do not have any restrictions either... you
> just have some bits on the hard disk of your computer, and if you
> choose to put those bits up for download on P2P they probably can't sue
> you.  Currently downloading:
> Contents_of_my_new_Lenovo_laptop_hard_disk.iso :)
>
> Whether you agree or not, there is no contract between you and MS.


You are NOT given the license terms and conditions before you
"PURCHASE" the license.
You are able to read the document only after you open the box pack.
As such, you are already accepting the terms when you buy the license.

Legal opinions required further on this.

-Sudhanwa

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www.sudhanwa.com

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